TERMS OF USE

Section 1: General 

Agreement between User and Design And Customize LLC. 

These Terms of Use (“Terms”) govern purchases you make on and your use of the Design And Customize Website, DesignAndCustomize.com, available by desktop or mobile web, (the “Site”) controlled by Design And Customize LLC (“Design And Customize”, ”we”, ”us” or ”our”).

We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review the Terms before you make any purchase or whenever you otherwise use or access the Site. The date of the latest update is found in the final section of the Terms. If you do not agree to these Terms, please do not make any purchase or otherwise use or access the Site. Your purchase or use of the Site constitutes your agreement to follow and be bound by these Terms.

We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All products, descriptions and prices of products on the Site are subject to change at any time without notice.

Section 2: Online Store Terms

By accepting these Terms through your purchase or use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use the Site or make a purchase only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Customize Supplies does not knowingly collect, either online or offline, personal information from persons under the age of 13.

Section 3: Order Acceptance

After submitting your order, we will send you an order confirmation e-mail with your order number, details of the product you have ordered from us, your payment details and delivery details. Please note that the confirmation e-mail is an acknowledgement that we have accepted your order.

Once your order has been processed, a shipping confirmation e-mail will be sent with all relevant information about your order. We recommend that you save the confirmations to facilitate any future contact with our customer service.

Section 4: Privacy

In order for us to fulfill your order we need to register, manage and store the personal information you provide to us.

Our processing of your personal data is collected and stored in accordance with applicable privacy laws, read more in our privacy policy.

Section 5: Linked Sites

Links to Third Party Sites/Third Party Services DesignAndCustomize.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Design And Customize and Design And Customize is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Design And Customize is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Design And Customize of the site or any association with its operators.

Certain services made available via DesignAndCustomize.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the DesignAndCustomize.com domain, you hereby acknowledge and consent that Design And Customize may share such information and data with any third party with whom Design And Customize has a contractual relationship to provide the requested product, service or functionality on behalf of DesignAndCustomize.com users and customers. 

Section 6: Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use DesignAndCustomize.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Design And Customize that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Design And Customize or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. 

Design And Customize content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Design And Customize and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Design And Customize or our licensors except as expressly authorized by these Terms.

Section 7: Indemnification

You agree to indemnify, defend and hold harmless Design And Customize, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Design And Customize reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Design And Customize in asserting any available defenses.

Section 8: Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.

The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees.

The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions

Section 9: Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Design And Customize agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 

Section 10: Liability Disclaimer

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Design And Customize LLC and/or its suppliers may make improvements and/or changes in the site at any time. Design And Customize LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. 

To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is” without warranty or condition of any kind. Design And Customize LLC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non infringement. 

To the maximum extent permitted by applicable law, in no event shall Design And Customize LLC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if customize supplies llc or any of its suppliers has been advised of the possibility of damages. 

Some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, therefore, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site. 

Section 11: Contact Us

After reviewing these terms, if you have additional questions, want more information, or would like to make a complaint, please contact us by e-mail at info@designandcustomize.com or by mail using the details provided below:

[Re: Terms of Use]

320 Beach Road, Burlingame CA 94010

Effective as of March 19, 2024